Legal Opinion

State v. Wilcox

Supreme Court of Connecticut

Decided June 15, 1875PublishedCited by 26 opinions

Grandjuror’s complaint for selling intoxicating liquors without a license; brought to a justice of the peace, and by appeal of the defendant from the judgment of the justice, to the Superior Court in Litchfield County. In that court the case was tried to the jury, on the plea of not guilty, before Sanford, J., and the defendant found guilty, and afine of $50 was imposed by the court. He then moved in arrest of judgment on the following grounds: First.

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Grandjuror’s complaint for selling intoxicating liquors without a license; brought to a justice of the peace, and by appeal of the defendant from the judgment of the justice, to the Superior Court in Litchfield County. In that court the case was tried to the jury, on the plea of not guilty, before Sanford, J., and the defendant found guilty, and afine of $50 was imposed by the court. He then moved in arrest of judgment on the following grounds: First. Because the act entitled “An Act in addition to an Act concerning Crimes and Punishments” approved August 1st, 1872, and the act entitled “An…

1Opinion of the CourtFoster, J.

That the judgment- below was erroneous, is claimed in the brief of the plaintiff in error on two grounds:

*3691. That the law is unconstitutional;

2. That, if constitutional, it provides no penalty for its violation.

That the legislature has power to regulate the sale of intoxicating liquors, to appoint hoards to grant licenses to sell, and to impose fines and penalties for selling without license, is not denied. The claim is, that the legislature, instead of exercising this power, has delegated it to the people, contrary to the provisions of oür constitution, which vests the legislative power in the…

2Cases cited5 opinions

  1. State v. SwisherTexas Supreme Court · 1856
  2. People v. CollinsMichigan Supreme Court · 1854
  3. Commonwealth v. BennettMassachusetts Supreme Judicial Court · 1871
  4. Meshmeier v. StateIndiana Supreme Court · 1859
  5. Commonwealth v. DeanMassachusetts Supreme Judicial Court · 1872

3Cited by26 opinions

  1. State v. Judge of the Circuit CourtSupreme Court of New Jersey · 1888
  2. State v. HunterSupreme Court of Kansas · 1888
  3. Moynihan's Appeal From County CommissionersSupreme Court of Connecticut · 1903
  4. Boyd v. BryantSupreme Court of Arkansas · 1879
  5. State ex rel. Witter v. ForknerSupreme Court of Iowa · 1895

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